[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57904-57907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1716; Project Identifier MCAI-2022-00168-Q]
RIN 2120-AA64


Airworthiness Directives; Thales AVS France SAS Flight Management 
Computer Navigation Modules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Thales AVS France SAS (Thales) flight management computer 
navigation modules (FMC2 NAVM) installed on, but not limited to, 
airplanes. This AD was prompted by reports that, due to software 
issues, certain FMC2 NAVM navigation modules provide erroneous data to 
the flight management computer, compromising safe flight of the 
airplane. This proposed AD would require revising the existing aircraft 
flight manual (AFM) for your airplane and updating the navigation 
database. This proposed AD would also prohibit installing a database 
unless certain procedures were removed. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 10, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1716; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For service information identified in this NPRM, contact 
Thales AVS France SAS, 75-77 Avenue Marcel Dassault, 33700 Merignac, 
France; phone: +33 7 86 33 59 20; email: 
<a href="/cdn-cgi/l/email-protection#0a6965647e63647f6f6e246b63787d65787e6263646f79794a7e626b666f796d78657f7a24696567"><span class="__cf_email__" data-cfemail="bad9d5d4ced3d4cfdfde94dbd3c8cdd5c8ced2d3d4dfc9c9faced2dbd6dfc9ddc8d5cfca94d9d5d7">[email protected]</span></a>.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Nicholas Rediess, Aviation Safety 
Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 
(781) 238-7159; email: <a href="/cdn-cgi/l/email-protection#21180c6077720c6068730c6360626e0c626e72614740400f464e57"><span class="__cf_email__" data-cfemail="093024485f5a2448405b244b484a46244a465a496f6868276e667f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1716; Project Identifier 
MCAI-2022-00168-Q'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

[[Page 57905]]

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Nicholas Rediess, Aviation Safety Engineer, FAA, 1701 Columbia Avenue, 
College Park, GA 30337. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2022-0024, dated February 4, 2022 (referred to after this as 
``the MCAI''), to correct an unsafe condition for Thales FMC2 NAVM, 
part number (P/N) C13084CA03, installed on, but not limited to Dassault 
(formerly Br[eacute]guet) Br.1150 Atlantique 2 (ATL2) maritime patrol 
airplanes. The MCAI states that Thales FMC2 NAVM, P/N C13084CA03, 
provides erroneous guidance for navigation procedures of the flight 
management system due to issues with the software. This condition, if 
not addressed, could compromise the safety margins of the airplane. To 
address the unsafe condition, the MCAI requires revising the AFM with 
operational instructions for the affected airborne navigation 
procedures of the AFM. The MCAI also requires updating the navigation 
database software, and prohibits installing a database for the Thales 
FMC2 NAVM, P/N C13084CA03, unless it does not include the procedures 
specified in section II of Thales Service Information Letter F9111-
J70859DN-00, issued January 18, 2022 (Thales SIL F9111-J70859DN-00).
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1716.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Thales SIL F9111-J70859DN-00. This service 
information specifies updating the Thales FMC2 NAVM, P/N C13084CA03, 
navigation database.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this AD after determining the unsafe condition is likely to exist or 
develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing AFM for your 
airplane and updating the navigation database. This proposed AD would 
also prohibit installing a database for the Thales FMC2 NAVM, P/N 
C13084CA03, unless it does not include the procedures specified in 
section II of Thales SIL F9111-J70859DN-00.
    The owner/operator (pilot) holding at least a private pilot 
certificate may perform the proposed incorporation of the operating 
limitation into the existing AFM of your airplane, and the actions must 
be entered into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439. The 
proposed incorporation of the operating limitation into the existing 
AFM of your airplane is not considered a maintenance action and may be 
done equally by a pilot or a mechanic. This is an exception to the 
FAA's standard maintenance regulations.

Differences Between This Proposed AD and the MCAI

    The MCAI applies to all Thales FMC2 NAVMs, P/N C13084CA03, 
installed on, but not limited to Dassault (formerly Br[eacute]guet) 
Br.1150 Atlantique 2 (ATL2) maritime patrol airplanes, and this 
proposed AD would not apply to those airplanes because those airplanes 
do not have an FAA type certificate. Currently, no airplanes on the 
U.S. registry incorporate the navigation equipment affected by this AD.

Costs of Compliance

    There are currently no affected airplanes on the U.S. registry with 
a Thales FMC2 NAVM, P/N C13084CA03, installed. In the event a U.S.-
registered airplane would have this equipment installed, the following 
is an estimate of the costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise AFM and update navigation        2 work-hours x $85 per                $0            $170              $0
 database.                               hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not

[[Page 57906]]

have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Thales AVS France SAS: Docket No. FAA-2023-1716; Project Identifier 
MCAI-2022-00168-Q.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Thales AVS France SAS flight management 
computer navigation modules (FMC2 NAVM), part number (P/N) 
C13084CA03, installed on, but not limited to airplanes, certificated 
in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3400, Navigation 
System.

(e) Unsafe Condition

    This AD was prompted by reports that, due to software issues, 
certain FMC2 NAVM navigation modules provide erroneous data to the 
flight management computer, compromising safe flight of the 
airplane. This condition, if not addressed, could compromise the 
safety margins of the airplane and result in controlled flight into 
terrain.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 30 days after the effective date of this AD, revise 
the Limitations Section of the existing airplane flight manual (AFM) 
for your airplane by adding the information in Table 1 to paragraph 
(g)(1) of this AD and Table 2 to paragraph (g)(1) of this AD.

     Table 1 to Paragraph (g)(1)--Limitations To Operate the Flight
                 Management System (FMS) of the Airplane
             [Formulated as instructions to the flight crew]
------------------------------------------------------------------------
           Limitation No.                   Limitation/instruction
------------------------------------------------------------------------
1...................................  For Procedure Turn, Tear Drop
                                       trajectory, specified turn
                                       direction or arc to fix leg in
                                       published navigation procedure,
                                       disengage FMS Navigation mode and
                                       engage Track mode with the
                                       expected Track target.
2...................................  When coupled to the AFCS, do not
                                       perform a Direct To while
                                       established in Turn.
3...................................  Do not revise the flight plan
                                       until GO AROUND safe altitude (as
                                       per Standard Operating Procedure)
                                       has been reached.
4...................................  Initialize the flight plan with at
                                       least an intermediate waypoint
                                       between departure and
                                       destination.
5...................................  Before flying a procedure
                                       (including associated missed
                                       approach) that requires to fly
                                       over a waypoint, check that the
                                       fly-over flag is displayed on
                                       MCDU FPLN page beside the
                                       constrained fix, as expected in
                                       the published chart. If the fly-
                                       over is missing, it shall be set
                                       manually.
6...................................  Do not use Vertical Step function.
7...................................  Do not activate the data save
                                       command.
8...................................  Do not use Offset function.
------------------------------------------------------------------------


        Table 2 to Paragraph (g)(1)--FMS User Manual Limitations
------------------------------------------------------------------------
           Limitation No.                 FMS user manual limitations
------------------------------------------------------------------------
1...................................  Operate the FMS respecting the
                                       limitations.
2...................................  Only operate the FMS of the
                                       airplane with a specifically
                                       trained crew, as defined in the
                                       FMS User Manual, for awareness
                                       and training on the mitigation
                                       means to recover from the issue
                                       ``straight leg bypassing
                                       following arc to fix leg.''
------------------------------------------------------------------------

    (i) Inserting a copy of this AD into the Limitations Section of 
the existing AFM for your airplane satisfies the requirement of 
paragraph (g)(1) of this AD.
    (ii) The actions required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a) 
and 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 91.417, 121.380, or 135.439.
    (2) Within 30 days after the effective date of this AD, update 
the database for your Thales FMC2 NAVM, P/N C13084CA03, with a 
database that does not contain the procedures specified in section 
II of Thales Service Information Letter F9111-J70859DN-00, issued 
January 18, 2022 (Thales SIL F9111-J70859DN-00).
    (3) As of the effective date of this AD, do not install a 
database for your Thales FMC2 NAVM, P/N C13084CA03, unless it does 
not include the procedures specified in section II of Thales SIL 
F9111-J70859DN-00.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, East Certification Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification branch, send it to the 
attention of the person identified in paragraph (i)(2) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0024, dated February 4, 2022, for related information. This 
EASA AD may be found in the AD

[[Page 57907]]

docket at regulations.gov under Docket No. FAA-2023-1716.
    (2) For more information about this AD, contact Nicholas 
Rediess, Aviation Safety Engineer, FAA, 1701 Columbia Avenue, 
College Park, GA 30337; phone: (781) 238-7159; email: <a href="/cdn-cgi/l/email-protection#8eb7a3cfd8dda3cfc7dca3cccfcdc1a3cdc1ddcee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="6b52462a3d38462a223946292a2824462824382b0d0a0a450c041d">[email protected]</span></a>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Thales Service Information Letter F9111-J70859DN-00, issued 
January 18, 2022.

    Note 1 to paragraph (j)(2)(i): The footer on pages 2 through 32 
of Thales Service Information Letter F9111-J70859DN-00, issued 
January 18, 2022, contains the text ``Reference: 0026-F9111-
J70859DN-00.''

    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Thales AVS France SAS, 75-77 Avenue Marcel Dassault, 33700 Merignac, 
France; phone: +33 7 86 33 59 20; email: 
<a href="/cdn-cgi/l/email-protection#7d1e1213091413081819531c140f0a120f09151413180e0e3d09151c11180e1a0f12080d531e1210"><span class="__cf_email__" data-cfemail="b4d7dbdac0dddac1d1d09ad5ddc6c3dbc6c0dcdddad1c7c7f4c0dcd5d8d1c7d3c6dbc1c49ad7dbd9">[email protected]</span></a>.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#1d7b6f3374736e6d787e697472735d737c6f7c337a726b"><span class="__cf_email__" data-cfemail="cbadb9e5a2a5b8bbaea8bfa2a4a58ba5aab9aae5aca4bd">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18116 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-13-P


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